The Record: Making bail

MOVING DEFENDANTS through the court system can be a slow process, but if defendants have money, it can be a lot more comfortable for them while not always safer for the public. It's time to reform the process.

The Joint Committee on Criminal Justice, headed by state Supreme Court Chief Justice Stuart Rabner, released a report recommending changes to the state's bail system to shift the emphasis from defendants' financial resources to their danger to the community.

The committee comprises judges, prosecutors and lawyers, and the Legislature should embrace its findings, which ultimately want courts to consider many factors before deciding whether to release defendants prior to trial.

A significant amount of taxpayer money is spent housing defendants, often for several months. Putting an emphasis on how much money defendants have will not necessarily ensure that they appear in court or even keep society safer. This committee's recommendations could bring a more equal level of justice while better protecting residents from known dangerous criminals.

There are poor people languishing in jail who would not be considered flight risks or a danger to their community, but they don't have the money to make bail. Then there are people who, because of the severity of their actions or their criminal histories, shouldn't be out on the streets before trial. But they have the cash.

Changing the rules on bail requires a constitutional amendment. This is an important issue to bring to voters, if possible this year.

The report also recommends that a system be set up to provide better accountability when defendants are released by monitoring them to make sure they do not violate the established conditions of their release. Some items in the report, like that one, could require additional funding, but Rabner argues that counties will save money by not having as many people unnecessarily held in jail before their trials.

The report also addresses the need for hard deadlines to act on the Sixth Amendment, which provides defendants with a speedy trial. It recommends that defendants should not be held for more than six months after indictment without a trial. And if defendants are out on bail, they should be required to get a trial within a year of the indictment.

Governor Christie, a former prosecutor, appears to favor at least some of the report's recommendations, especially the proposal to allow judges to consider the dangerousness of a defendant before granting bail.

"This will strengthen our justice system, protect witnesses from intimidation and prevent proven criminals from engaging in more criminality while they await justice," he said.

These are sensible reforms put together by a diverse group of participants in the criminal justice system who saw the need for changes. We urge legislators to make this a priority.